Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698943494745.pdf (Uganda)
4 National> NEWS Bemanya must leave UTL- minister Anite TUESDAY, JULY 2, 2019 Daily Monitor WWW.MONITOR.CO.UG + trator from office, Mr Byaruhanga stated: "The Minister of Finance as a shareholder of UTL cannot apply to court to remove the administrator and any such application is bound to fail."

He said the ministry can only suc ceed if it requests government para statals that are UTL creditors to make the application to court.
Condition Mr Byaruhanga said that can only happen if there is evidence that the administrator is not executing his du ties in compliance with the Adminis tration Deed, the Insolvency Act or any other law or orders or directions of court.

He also stated that under Article 163 (6) of the Constitution, the Auditor General shall not be under direction or control of any person or authority while performing his functions.
"Given that the Auditor General has already declined to carry out an audit • and stated his reasons, it would be contrary to our Constitution to direct him to do otherwise," Mr Byaruhanga wrote.

Concern.

Ms Anite says Mr Bemanya's continued presence in office until November 22 when his tenure elapses will inflict more harm than good to government.

BY MISAJRI THEMBO KAHUNGU mkthembo@ug.nationmedia.com KAMPALA.
The State Minister for Privatisation and Investment, Ms Evelyn Anite, yesterday insisted that the administrator ofUganda Telecom (UTL), Mr Twebaze Bemanya must leave office despite the Attorney Gen eral ruling otherwise.

"My position is final.

That man has to go home and there is no debate over that one.

I am not going to change my position," Ms Anite said.

She said Mr Bemanya's continued presence in office until November 22 when his tenure elapses will inflict more harm than good to govern ment.
After writing twice to the Attorney General William Byaruhanga asking him to apply to court for change of UTL administrator without success, Ms Anite wrote to President Musev eni asking him for further guidance on the matter.

The President returned from a four day visit to China and was expected to chair Cabinet yesterday.

Asked whether she was to table the UTL issues in Cabinet, Ms Anite an swered: "Definitely, there has to be a response."
Mr Bemanya, who is the Registrar General of the Uganda Registration Services Bureau· (URSB), was ap in May pointed UTL administrator 2017 after the company went into in solvency following the departure of the Libyans who commanded a ma jority 69 per cent shareholding.
However, when Ms Anite wrote to Mr Byaruhanga to petition court for replacement, his deputy, Mr Mwesigwa Rukutana, rejected her decision and wrote back arguing that the Ministry of Finance does not have power to control UTL operations, adding that any such attempt would legally fail.

Ms Anite accused Mr Rukutana of making an "offside reply" to her prior instructions to file an application in the High Court to have Mr Bemanya removed.
She accused Mr Bemanya of insub ordination and lack of transparency by blocking government from access ing the UTL books of accounts for audit.

Ms Anite also asked Mr Byaruhanga to proceed with the application to court without delay.

''I will be pleased to swear an affida vit to support the application wherein the supporting reasons will be elabo rated.
I implore you to have the pe tition filed without delay to assure that the administration of the com pany progresses without any issues," she wrote to the Attorney General on June 26.

"The purpose of this letter is to implore you to have the petition to remove the Administrator of Uganda Telecom filed in court without further delay," she added.

Attorney General responds Yesterday, Mr Byaruhanga wrote back to the Ministry of Finance con firming his deputy's earlier position.
He asked the ministry to back off UTL administration and reiterated that the ministry has no control over the company in the current status.

The July 1 letter seen by this news paper was instead addressed to Ms Anite's superior, Mr Matia Kasaija, the Minister of Finance, and copied to the Contrll',ic r-,y Uganda Telecom administrator Twebaze Bemanya addresses a press conference In Kampala on June 21.
PHOTO BY KELVIN ATUHAIRE President, Vice President, Prime Min- ister, Secretary to the Treasury and Mr Bemanya and Ms Anite, among others.

Quoting Section 174 (1) of the Insol vency Act, which provides that only listed creditors are competent to ap ply to court to remove the Ad.minis- AUDITOR GENERAL VIEW Early this year.

Mr John Muwanga, the Auditor General told Mr Kasaija that he cannot carry out an audit on UTL because it is supervised by the High Court.
Mr Bemanya has been sending bi annual progress reports to court, the creditors and stakeholders with the latest issued on June 12 for the period from November 22, 2018 to May 22 this year.

+ I • JudiCiary PS on the spotover diverting Shs3b to cars AFFORDABLE HOUSING: IS IT i A•NABL E FO ALL?

Analysis of two neighbourhoods within Kampala easily paints a picture of the affordable housing challenge in country.
CREATE A PLAY AREA IJ Depending on the age group you can incorporate a play area that will suit the needs and preferences of your • children.

FOLLOW us ... II Dolly Monitor ftdollymonltor Q) www.monltcr.co.ug BY MOSES KYEYUNE mkyeyune@ug.nationmedia.com KAMPALA.

The Judiciary's Permanent Secretary, Mr Kagole Kivumbi, has come under public scrutiny after di verting more than Shs3.2b to unbudgeted for items.
The money was meant for automation of e-case man agement systems for 2017/18 financial year but was instead used to buy vehicles for Judi ciary staff.

"The money that was for the automation is what we used for the vehicles," Mr Kivumbi said yesterday while appear ing before the Public Accounts Committee of Parliament.

His revelation sparked ques tions from the committee, chaired by Mr Nathan Nan dala Mafabi (Budadiri West, FDC) demanding why it was diverted.
Mr Kivumbi admitted there was a provision for automa tion of electronic court man agement information systems in the budget, but added: ''That was not done."

''I proceeded to get 10 ve hicles for the judges who were recruited," he said.

The Judiciary PS said the decision was made after new judges were appointed with out a supporting budget.

the The committee also learnt spent that Judiciary Shs34b without following the national Chart of Accounts as prescribed by the Accountant General.
A Chart of Accounts is a statutory outline (budgetary line) indicating items on which funds are to be expended.

The Auditor General, Mr John Muwanga, noted in his report that "the description of expenditure items was not consistent with the item-cod ing in the Chart of Accounts, resulting into mischarge."

The law recommends sacking as punishment for mischarge.

Mr Muwanga stated that Mr Kivumbi did not seek authority to reallocate resources to the required expenditure items.
However, Mr Kivumbi dis puted the Auditor General's conclusion, insisting that the money was spent on court operational funds, mediation fund, court sessions, and im prest funds as well as locus visits and HIV medical allow- Issues of large money advances to staff personal accounts have been recurrent in government ministries.

Mr Sydney Asubo executive Director of the Financial Intelligence Authority on December 12.

2018, wrote to the accountant General, stressing the same anomaly.
"According to reports obtained by FIA, there are many public servants who receive payments from govt MDAs.

which are not consistent with their known earnings," Mr Asubo stated.

ances among others.

He said the Judiciary does not have specific budget items on which the funds should be spent.

Mr Kivumbi said the Judi ciary management was en gaging the Finance Permanent Secretary to consider creation of appropriate budget lines for the subsequent financial years.
The MPs also discovered that Shs801.4m was advanced to Judiciary staff on their per sonal accounts to undertake various operational activities.

The MPs cited a query raised by the Auditor General that "the periods in which some officers purported to have implemented these activities overlap each other and they exceed the threshold of21 days or per diems provided by the Uganda Public Service Stand ing Orders."
The committee has invited the CID director, Ms Grace Akullo, to appear before PAC today to hear their decision on Mr Kivumbi's final submis sion.